1. Choose a Distinctive, Non-Descriptive Name. Don't choose a descriptive or generic name, please don't! Terms which are "merely descriptive" or generic for the product or business are not protectible under trademark law. "Bookstore" might seem like a cute name for a bookstore, but it won't be so cute when you can't prevent a competitor from opening her own "Bookstore" across the street.
2. Consider your Brand Identity and Choose a Name that Supports It. Branding professionals such as the wonderful, talented folks at MKJ Creative (http://www.mkjcreative.com/) can help. Creating and maintaining a consistent brand identity gives you maximum bang for your marketing buck and eventually will give you a strong portfolio of trademarks.
3. Register Your Trademarks Early! It's true you don't need to register your trademarks with the U.S. Patent & Trademark Office, but if you don't then somebody else might - and whoever gets there first gets exclusive right to those marks throughout the U.S., even if they are only using them in Pennsylvania and New Jersey, for example. Even if you were the first user of the mark you will be limited geographically to the area in which you can show you were using the mark at the time the registered owner filed her application.
4. Get a Trademark Search and Opinion. It's good to search on your own to start with - you might find a direct hit and you'll know to come up with a different mark. I recommend Google(R) and http://www.uspto.gov/ to start. But before you sink additional cash, time and emotional energy into a mark, please get a professional trademark search and legal opinion. Because trademark rights extend to any "confusingly similar" marks, a good trademark search will include many variations on your mark, and the legal analysis will consider all the various factors which determine whether the mark may be seen as confusingly similar. In addition, the legal opinion should address the strength of the mark and the chances of getting the mark registered with the U.S. Patent & Trademark Office.
5. Keep Using Your Trademark! Trademark rights come with use of the mark as a trademark in commerce. You'll want to display the mark prominently on your goods or, for services, on a sign or web page or other material in close proximity to a description of the services you offer. You should use the (TM) after your mark, or (R) once it has been registered with the U.S. Patent & Trademark Office. And you should keep using your mark - if you use it inconsistently or stop using it in commerce (and that means sales) then you may lose your rights, even if your registration is still in force! The rule to remember is, Use It or Lose it.
